2000 Articles

The authority to effectuate an arrest in Illinois By Larry A. Davis October 2000 A new appellate court case, People vs. Kirvelaitis (No. 2-99-859, 2nd District, 8/9/00), contains an excellent discussion of a police officer's authority to arrest under current Illinois law.
Certain provisions of the Illinois drivers license and DUI law held unconstitutional By George G. Livas March 2000 On December 2, 1999, the Illinois Supreme Court ruled that Public Act 88-680, known as the "Safe Neighborhoods Law" was unconstitutional for the reason that it violates the single subject requirements of the Illinois Constitution of 1970.
Circuit court judge rejects Secretary of State policy of refusing to issue licenses to person revoked in foreign states October 2000 A Cook County circuit court judge has decided that the secretary of state's long-standing policy of refusing to consider the issuance of an Illinois driver's license to any person whose drivers license or privileges were previously revoked in a foreign state violates Illinois law.
Cook County villages enjoined from using P-tickets By James J. Ahern April 2000 For a number of years, certain villages located within Cook County, Illinois have been using programs to enforce traffic laws which programs are inconsistent with the enforcement of Illinois Vehicle Code.
The defense of “sleeping it off” to the charge of driving under the influence in light of City of Naperville v. Watson By Ari M. Trubitt July 2000 Pursuant to Illinois Statute, it is unlawful for a person to operate or be in actual physical control of a motor vehicle within the State of Illinois while under the influence of alcohol, drugs or a combination thereof. 625 ILCS 5/11-501, (1992).
Discovery in DUI, misdemeanor and traffic cases By J. Brick Van Der Snick March 2000 One of the most difficult and confusing parts of a driving while under the influence (DUI) prosecution by a State's Attorney or village prosecutor is the anomaly under the law of the right to discovery by the Defendant.
Does the use of police emergency lights to curb a vehicle constitute a “seizure?” By Daniel T. Gillespie May 2000 In City of Highland Park v. Lee, 291 Ill. App. 3d 146, 694 N.E. 2d 673, 230 Ill. Dec. 704 (2d Dist. 1997), the Illinois Appellate Court held that the use of police emergency lights constitutes a show of authority used to restrain the liberty of a motorist.
Driving relief from 11-501.6 and 11-501.8 Summary suspensions By Edward M. Maloney March 2000 Upon the arrest for driving under the influence of alcohol a police officer is required to issue a statutory summary suspension to the arrested motorist.
DUI supervisions are no longer expungeable and allegations subsequent to supervision event may preclude expungement By Angela Peters July 2000 20 ILCS 2630/5 governs the expungement of arrest-related records. "... Whenever an adult or minor prosecuted as an adult, not having previously been convicted of any criminal offense or municipal ordinance violation, charged with a violation of a municipal ordinance or a felony or a misdemeanor, is acquitted or released without being convicted,...,
Emergency room blood tests are not admissible in a summary suspension hearing By James J. Ahern May 2000 Let us assume that, following a collision, a motorist is transported to a hospital emergency room for treatment for injuries.
In the absence of probable cause, can police search a vehicle after a traffic stop? By Daniel T. Gillespie July 2000 Assume that a police officer on routine patrol has stopped a motorist for a traffic violation. Absent probable cause, can the officer search the vehicle? The United States Supreme Court decided that question in Knowles v. Iowa, 119 S. Ct 484 (1998).
Judicial estoppel to bar use of breath or blood test results? By J. Brick Van Der Snick July 2000 In People v. Wisbrock, 223 Ill.App.3d 173 (3rd Dist. 1991), the appellate court ruled that the State was precluded from utilizing a breath result in a DUI trial, where the defendant's conduct at the time of testing had been construed as a test refusal at the summary suspension hearing.
Motions for continuance: grounds and factors By Lawrence W. Terrell March 2000 A continuance is defined as an adjournment by order of court of a cause from one day to another or from one hour to another.
Police may not detain driver after the purpose of the traffic stop is concluded By Angela Peters April 2000 In the case of People v. Brownlee, 186 Ill.2d 501, 713 N.E.2d 556 (1999), two officers were on a "special detail" patrol looking for illegal drug activity and illegal weapons. Around 10:00 p.m., Officer Guerrero observed a white car stop in front of an apartment complex.
Prosecution’s use of a hospital blood test in a DUI prosecution By James J. Ahern April 2000 Blood test results may be used in a DUI prosecution to establish that the defendant has violated #11-501 (a)(1) through (6).
Recent cases March 2000 Supreme Court Rule 415(g)(i) authorizes a trial court to impose sanctions for a party's inadvertent failure to follow discovery orders.
Recent traffic cases By James J. Ahern October 2000 A due process violation occurs where the state destroys evidence after the defense files a timely discovery motion seeking its preservation, even if the defense attorney cannot show that the evidence had exculpatory value.
Review of important new traffic laws of 91st General Assembly approved by Governor Ryan By James J. Ahern October 2000 Amends section 11-501 and section 6-303 of the Illinois Vehicle Code to re-enact provisions of Public Act 88-680 that were declared unconstitutional by the Illinois Supreme Court in People v. Cervantes, 189 Ill.2d 80, 723 N.E.2d 265, 243 Ill.Dec. 233 (1999) as violating the single subject provisions of the Illinois Constitution.
Second Appellate District rule that unconstitutional roadblocks result from the unbridled discretion of police officers By Larry E. Smith March 2000 Even though the Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures that result from objective and subjectively intrusive roadblocks, some police agencies continue to exercise unbridled discretion in the implementation of unconstitutional roadblocks under the guise of furthering public safety.
Secretary of State formal hearings now to be available in Jefferson County By Larry A. Davis October 2000 SB 1630 requiring the secretary of state to conduct formal hearings in Jefferson County has been signed by Governor Ryan effective January 1, 2001. (P.A. 91-823).
The State’s motion for nolle prosequiequi is not absolute and may be denied upon a showing of lack of diligence By Rachel J. Hess April 2000 This article addresses the propriety of the State's use of the 'nolle prosequi' on the day of trial or hearing and after a motion to continue is denied.
State’s right to compel testimony in petitions to revoke By Renee Robinson Sales May 2000 In a hearing on a petition to revoke supervision, conditional discharge or probation, does the state have the right to compel a defendant to testify? In People v. Bell, 296 Ill. App.3d 146, 694 N.E.2d 673, 230 Ill.Dec. 704, the court said yes.
Statutory summary suspension issues By Michael W. Feetterer May 2000 A statutory summary suspension proceeding is a unique animal in that it meshes civil procedures with criminal and constitutional law.